“Her late husband, Lt. Cruz Fernandez, died suddenly on July 14, 2006 of a 9/11 related medical condition. Lt. Fernandez was a “First Responder” who worked at Ground Zero from September 11, 2001 through the next 25 days, sometimes as often as 15 hours per day. Prior to his untimely death at age 52, Lt Fernandez had completed nine marathons”.

The NYC Fire Department Pension Board is required to use the 9/11 WTC Presumption. As the Court stated:

Once an applicant establishes that the 9/11 hero worked the requisite number of hours at Ground Zero, the “World Trade Center Presumption” places the burden on the New York City Fire Department Pension Board to show that the applicant’s qualifying injury was not incurred in the line of duty.